50 U.S.C. § 3711: Authority to carry out…

Summary

The Secretary of Defense can run a Cooperative Threat Reduction program with other countries to help remove, secure, transport, store, and destroy dangerous weapons and related parts and vehicles. The work covers chemical, biological, nuclear, and other weapons and the materials, equipment, technology, and expertise used to make or deliver them. The Department can provide equipment, goods, and services, help with planning and technical problems, and pay for short-term critical needs, but it cannot give money directly to a project. The Secretary may also pay other U.S. agencies for taking part. Military-to-military contacts must be focused, run as part of the program, and include cooperation with the unified combatant commands and the Department of State. When the Secretary plans to spend Cooperative Threat Reduction funds, a report must go to the congressional defense committees at least 15 days before the obligation (or for some cases on a semiannual schedule under section 3735(b)). The report must say what activities and help will be funded, how much will be spent, and which other agencies or private groups will be involved. The program’s work is subject to any agreement required from the Secretary of State under sections 3712 or 3713, unless a section 3751 exemption applies for actions before December 19, 2014. The 15-day notice rule does not apply if a previous notification already covered the same details, except as noted for funds under section 3735.

Title 50, §3711

War and National Defense, Source: USLM XML via OLRC

(a)Authority

The Secretary of Defense may carry out a program, referred to as the “Department of Defense Cooperative Threat Reduction Program”, with respect to foreign countries to do the following:

(1)Facilitate the elimination and the safe and secure transportation and storage of chemical, biological, or other weapons, weapons components, weapons-related materials, and associated delivery vehicles.

(2)Facilitate—

(A)the safe and secure transportation and storage of nuclear weapons, nuclear weapons-usable or high-threat radiological materials, nuclear weapons components, and associated delivery vehicles; and

(B)the elimination of nuclear weapons, nuclear weapons components, and nuclear weapons delivery vehicles.

(3)Prevent the proliferation of nuclear and chemical weapons, weapons components, and weapons-related materials, technology, and expertise.

(4)Prevent the proliferation of biological weapons, weapons components, and weapons-related materials, technology, and expertise, which may include activities that facilitate detection and reporting of highly pathogenic diseases or other diseases that are associated with or that could be used as an early warning mechanism for disease outbreaks that could affect the Armed Forces of the United States or allies of the United States, regardless of whether such diseases are caused by biological weapons.

(5)Prevent the proliferation of weapons of mass destruction-related materials, including materials, equipment, and technology that could be used for the design, development, production, or use of nuclear, chemical, and biological weapons and the means of delivery of such weapons.

(6)Carry out military-to-military and defense contacts for advancing the mission of the Program, subject to subsection (f).

(b)Concurrence of Secretary of State

The authority under subsection (a) to carry out the Program is subject to any concurrence of the Secretary of State or other appropriate agency head required under section 3712 or 3713 of this title (unless such concurrence is otherwise exempted pursuant to section 3751 of this title with respect to activities or determinations carried out or made before December 19, 2014).

(c)Scope of authority

The authority to carry out the Program in subsection (a) includes authority to provide equipment, goods, and services, but does not include authority to provide funds directly for a project or activity carried out under the Program.

(d)Type of program

The Program carried out under subsection (a) may involve assistance in planning and in resolving technical problems associated with weapons destruction and proliferation. The Program may also involve the funding of critical short-term requirements relating to weapons destruction.

(e)Reimbursement of other agencies

The Secretary of Defense may reimburse heads of other departments and agencies of the Federal Government under this section for costs of the participation of the respective departments and agencies in the Program.

(f)Military-to-military and defense contacts

The Secretary of Defense shall ensure that the military-to-military and defense contacts carried out under subsection (a)(6)—

(1)are focused and expanded to support specific relationship-building opportunities, which could lead to the development of the Program in new geographic areas and achieve other benefits of the Program;

(2)are directly administered as part of the Program; and

(3)include cooperation and coordination with—

(A)the unified combatant commands; and

(B)the Department of State.

(g)Prior notice to Congress of obligation of funds

(1)Reports requirement

Not less than 15 days before any obligation of any Cooperative Threat Reduction funds, the Secretary of Defense shall submit to the congressional defense committees a report on that proposed obligation of such funds for that fiscal year (or, in accordance with section 3735(b) of this title, the semiannual period covered by the report).

(2)Matters included

Each report under paragraph (1) shall specify—

(A)the activities and forms of assistance for which the Secretary plans to obligate funds;

(B)the amount of the proposed obligation; and

(C)the projected involvement (if any) of any other department or agency of the United States and of the private sector of the United States in the activities and forms of assistance for which the Secretary plans to obligate such funds.

(3)Exception for notifications previously provided

Except for Cooperative Threat Reduction funds subject to section 3735 of this title, paragraph (1) shall not apply with respect to a proposed obligation of Cooperative Threat Reduction funds that is covered by a notification previously submitted by the Secretary to the congressional defense committees that includes the matters described in subparagraphs (A) through (C) of paragraph (2).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2017—Subsec. (g)(1). Pub. L. 115–91 substituted “15 days” for “45 days”. 2016—Subsec. (g)(1). Pub. L. 114–328, §§ 1302(b)(1), 1303(b)(1), in heading substituted “Reports requirement” for “Annual requirement” and in text substituted “45 days” for “15 days” and inserted “(or, in accordance with section 3735(b) of this title, the semiannual period covered by the report)” after “that fiscal year”. Subsec. (g)(3). Pub. L. 114–328, § 1303(b)(2), substituted “Except for Cooperative Threat Reduction funds subject to section 3735 of this title, paragraph (1)” for “Paragraph (1)”.

§3711 Authority to Carry Out Department of Defense Cooperative Threat Reduction Program

Summary

Title 50, §3711

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata